Muhammad Navid Nasir (Roll No.

1571)

LL.B P#2

Talaq In Quran:
1.Talaq
1.
But if they disagree (and must part), Allah will provide abundance for all from His
all-reaching bounty: for Allah is He that careth for all and is Wise. Surah Al-Nisa 4:130
2.Discouragement of Talaq:
1. (O Prophet),67 call to mind when you said to him68whom Allah had favoured and you
had favoured: Cleave to your wife and fear Allah,69 and you concealed within yourself
for fear of people what Allah was to reveal, although Allah has greater right that you fear
Him.70 So when Zayd had accomplished what he would of her,71 We gave her in marriage
to you72 so that there should not be any constraint for the believers regarding the wives of
their adopted sons after they had accomplished whatever they would of them.73 And
Allah's command was bound to be accomplished.( Surah Aehzab 33: 37)
2. Thereafter women will not be lawful for you, and it will not be lawful for you to take
other wives in place of them, even though their beauty might please you,93unless they be
those whom your right hand owns.94 Allah is watchful over everything.
(Surah Aehzab
33: 52)
3.Witnesses of Talaq:
1. O Prophet! When you divorce women, divorce them at their prescribed periods [i.e. while
not menstruating and not having sexual intercourse with their husbands] and count their
periods. And fear Allah, your Lord. And turn them not out of your homes nor shall they leave,
except in case they are guilty of some open illegal act. And those are the set limits of Allah
and whosoever transgresses the limits set by Allah, he has wronged himself. You know not;
it may be that Allah will afterward bring some new thing to pass.( Surah Talaq 65:1)
2. Then, when they approach the end of the waiting period, either take them back in a good
manner or part with them in a good manner [by paying their bridal money and other due
expenses]. And take as witness two just persons from amongst you [at the time of divorce].
And establish the testimony for Allahs Satisfaction. That will be an admonition given to
anyone who believes in Allah and the Last Day. And whosoever fears Allah and keeps his
duty to Him, He will make a way for him to get out from all hardships. ( Surah Talaq 65:2)

4.Iddat:
1. A divorce is only permissible twice: after that, the parties should either hold Together
on equitable terms, or separate with kindness. It is not lawful for you, (Men), to take back
any of your gifts (from your wives), except when both parties fear that they would be
unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would
be unable to keep the limits ordained by Allah, there is no blame on either of them if she
give something for her freedom. These are the limits ordained by Allah; so do not
transgress them if any do transgress the limits ordained by Allah, such persons wrong
(Themselves as well as others).
Surah Al baqra 2:229
2. There is no blame on you if ye make an offer of betrothal or hold it in your hearts.
Allah knows that ye cherish them in your hearts: But do not make a secret contract with
them except in terms Honourable, nor resolve on the tie of marriage till the term
prescribed is fulfilled. And know that Allah Knoweth what is in your hearts, and take heed
of Him; and know that Allah is Oft-forgiving, Most Forbearing.
Al-Baqra 2:235

3. And if ye divorce them before consummation, but after the fixation of a dower
for them, then the half of the dower (Is due to them), unless they remit it or (the
mans half) is remitted by him in whose hands is the marriage tie; and the
remission (of the mans half) is the nearest to righteousness. And do not forget
Liberality between yourselves. For Allah sees well all that ye do.
Albaqra 2:237
5.Tuhr:
1. Divorced women shall wait concerning themselves for three monthly periods. Nor is it
lawful for them to hide what Allah Hath created in their wombs, if they have faith in Allah
and the Last Day. And their husbands have the better right to take them back in that
period, if they wish for reconciliation. And women shall have rights similar to the rights
against them, according to what is equitable; but men have a degree (of advantage) over
them. And Allah is Exalted in Power, Wise.
(Al-baqra 2:228)
6.Talaq ul sunnah:
1. A divorce is only permissible twice: after that, the parties should either hold Together
on equitable terms, or separate with kindness. It is not lawful for you, (Men), to take back
any of your gifts (from your wives), except when both parties fear that they would be
unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would
be unable to keep the limits ordained by Allah, there is no blame on either of them if she
give something for her freedom. These are the limits ordained by Allah; so do not
transgress them if any do transgress the limits ordained by Allah, such persons wrong
(Themselves as well as others).
Surah Al baqra 2:229